WSR 18-02-108 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed January 3, 2018, 11:10 a.m.] Original Notice. Title of Rule and Other Identifying Information: WAC 357-01-072 Child, 357-01-172 Family members, 357-01-202 Minor/dependent child, 357-01-227 Parent, 357-01-228 Parent-in-law, 357-31-100 Must an employer have a policy for requesting and approving leave?, 357-31-120 Do overtime exempt employees accrue sick leave if they have taken leave without pay during the month?, 357-31-121 Do overtime eligible employees accrue sick leave if they have taken leave without pay during the month?, 357-31-125 For general government part-time employees, how is leave accrual prorated?, and 357-31-130 When can an employee use accrued sick leave? Hearing Location(s): On February 8, 2018, at 8:30 a.m., at the Office of Financial Management, Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501. Date of Intended Adoption: February 8, 2018. Submit Written Comments to: Kristie Wilson, Office of Financial Management, P.O. Box 47500, Olympia, WA 98501, email Kristie.Wilson@ofm.wa.gov, fax 360-586-4694, by February 1, 2018. Assistance for Persons with Disabilities: Contact Office of Financial Management, TTY 711 or 1-800-833-6384, by February 1, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Initiative 1433 (I-1433) which was approved by Washington voters in November 2016, requires employers to provide paid sick leave to most employees effective January 1, 2018. This initiative modified chapter 49.46 RCW to include paid sick leave provisions (one hour for every forty hours worked). Reasons Supporting Proposal: To align Title 357 WAC with the changes made to chapter 49.46 RCW effective January 1, 2018. Statutory Authority for Adoption: Chapter 41.06 RCW. Statute Being Implemented: Chapter 49.46 RCW. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: [Office of financial management], governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue, 360-407-4139. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party. January 3, 2018 Roselyn Marcus Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 07-17-124, filed 8/20/07, effective 9/20/07)
WAC 357-01-072 Child.
A biological, adopted, ((or)) foster child, ((or a)) stepchild, ((a)) legal ward, or a child of a person standing in loco parentis, a child of a legal guardian, or a child of a de facto parent, regardless of age or dependency status.
AMENDATORY SECTION (Amending WSR 09-17-057 and 09-18-112, filed 8/13/09 and 9/2/09, effective 12/3/09)
WAC 357-01-172 Family members.
Individuals considered to be members of the family are parent, ((step-parent, sister, brother)) sibling, parent-in-law, spouse, registered domestic partner, grandparent, grandchild, minor/dependent child, and child. For the purpose of domestic violence, sexual assault, or stalking provisions within Title 357 WAC family member also includes a domestic partner as defined in RCW 26.60.020 or a person with whom the employee has a dating relationship as defined in RCW 26.50.010.
AMENDATORY SECTION (Amending WSR 05-12-093, filed 5/27/05, effective 7/1/05)
WAC 357-01-202 Minor/dependent child.
A biological, adopted, ((or)) foster child, ((a)) stepchild, ((a)) legal ward, a child of a de facto parent, regardless of age or dependency status, or a child of a person standing in loco parentis, who is:
Persons who are in loco parentis are those with day-to-day responsibilities to care for and financially support a child.
AMENDATORY SECTION (Amending WSR 06-19-063, filed 9/19/06, effective 10/20/06)
WAC 357-01-227 Parent.
A biological ((or)), adoptive ((parent)), de facto, or foster parent, step-parent, or legal guardian of an employee or ((an individual)) the employee's spouse or registered domestic partner, or a person who stood in loco parentis to an employee when the employee was a child. A person who had day-to-day responsibilities to care for and financially support the employee when ((he or she was)) they were a child is considered to have stood in loco parentis to the employee.
AMENDATORY SECTION (Amending WSR 10-17-061, filed 8/13/10, effective 9/15/10)
WAC 357-01-228 Parent-in-law.
A biological ((or)), adoptive ((parent)), de facto, or foster parent, step-parent, or legal guardian of an employee's spouse or an employee's registered domestic partner or ((an individual)) a person who stood in loco parentis to an employee's spouse or to an employee's registered domestic partner when the employee's spouse or the employee's registered domestic partner was a child. A person who had day-to-day responsibilities to care for and financially support the employee's spouse or the employee's registered domestic partner when ((he or she was)) they were a child is considered to have stood in loco parentis to the employee's spouse or to the employee's registered domestic partner.
AMENDATORY SECTION (Amending WSR 14-11-035, filed 5/14/14, effective 6/16/14)
WAC 357-31-100 Must an employer have a policy for requesting and approving leave?
Each employer must develop a leave policy which specifies the procedure for requesting and approving all leave, as provided in the civil service rules. The employer's policy must:
(1) Allow an employee to use vacation leave without advance approval when the employee is requesting to use vacation leave to respond to family care emergencies, or for an emergency health condition as provided in WAC 357-31-200 (1)(b);
(2) Allow an employee to use a reasonable amount of accrued leave or unpaid leave when the employee is a victim, or has a family member, as defined in chapter 357-01 WAC, who is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020;
(3) Address advance notice from the employee when the employee is seeking leave under subsection (2) of this section. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, the employee or the employee's designee must give notice to the employer no later than the end of the first day that the employee takes such leave; ((and))
(4) Allow an employee to use sick leave for qualifying absences under the Family and Medical Leave Act (FMLA) for parental leave for the purpose of baby bonding with his/her newborn, adoptive, or foster child in accordance with WAC 357-31-495. The policy must state the maximum amount of sick leave allowed to be used during the twelve-week FMLA period;
(5) Address overtime eligible employees that are required to provide medical certification or verification to their employer for the use of paid sick leave under chapter 296-128 WAC; and
(6) Address overtime eligible employees that are required to provide reasonable notice to their employer for an absence from work for the use of paid sick leave under chapter 296-128 WAC.
AMENDATORY SECTION (Amending WSR 12-04-016, filed 1/24/12, effective 2/24/12)
WAC 357-31-120 Do overtime exempt employees accrue sick leave if they have taken leave without pay during the month?
(1) Full-time overtime exempt general government employees who are in pay status for less than eighty nonovertime hours in a month do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.
(2) Full-time and part-time overtime exempt higher education employees ((who have more than ten working days of)) with leave without pay exceeding eighty hours in a month (prorated for part-time) do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.
NEW SECTION
WAC 357-31-121 Do overtime eligible employees accrue sick leave if they have taken leave without pay during the month?
(1) Full-time overtime eligible general government employees who are in pay status for less than eighty hours in a month, earn a monthly accrual proportionate to the number of hours in pay status, in the month to that required for full-time employment. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this section.
(2) Full-time and part-time overtime eligible higher education employees with leave without pay exceeding eighty hours in a month (prorated for part-time) will accrue a minimum of one hour for every forty hours worked.
AMENDATORY SECTION (Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)
WAC 357-31-125 For general government part-time employees, how is leave accrual prorated?
Vacation and sick leave accruals for part-time general government employees will be proportionate to the number of hours in pay status, in the month to that required for full-time employment. Sick leave accruals must not exceed eight hours in a month. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this section.
AMENDATORY SECTION (Amending WSR 14-11-035, filed 5/14/14, effective 6/16/14)
WAC 357-31-130 When can an employee use accrued sick leave?
The employer may require medical verification or certification of the reason for sick leave use in accordance with the employer's leave policy and in compliance with chapter 296-128 WAC.
(1) Employers must allow the use of accrued sick leave under the following conditions:
(a) ((Because of and during)) An employee's mental or physical illness, disability, ((or)) injury, or health condition that has incapacitated the employee from performing required duties; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care.
(b) By reason of exposure of the employee to a contagious disease when the employee's presence at work would jeopardize the health of others.
(c) ((To care for a minor/dependent child with a health condition requiring treatment or supervision.
(d) To care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition.)) When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such reason.
(d) To allow an employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care.
(e) For family care emergencies per WAC 357-31-290, 357-31-295, 357-31-300, and 357-31-305.
(f) ((For personal health care appointments.
(g) For family members' health care appointments when the presence of the employee is required if arranged in advance with the employing official or designee.
(h))) When an employee is required to be absent from work to care for members of the employee's household or relatives of the employee or relatives of the employee's spouse/registered domestic partner who experience an illness or injury, not including situations covered by subsection (1)(d) of this section.
(i) The employer must approve up to five days of accumulated sick leave each occurrence. Employers may approve more than five days.
(ii) For purposes of this subsection, "relatives" is limited to spouse, registered domestic partner, child, grandchild, grandparent or parent.
(((i))) (g) If the employee or the employee's family member, as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.
(((j))) (h) In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.
(((k))) (i) For qualifying absences under the Family and Medical Leave Act for parental leave for the purpose of bonding with ((his/her)) their newborn, adoptive, or foster child in accordance with WAC 357-31-495. The amount of sick leave allowed to be used must be addressed in the employer's leave policy in accordance with WAC 357-31-100.
(2) Employers may allow the use of accrued sick leave under the following conditions:
(a) For condolence or bereavement.
(b) When an employee is unable to report to work due to inclement weather in accordance with the employer's policy on inclement weather as described in WAC 357-31-255.
| ||||||